Mitchell v. . Sims
Supreme Court of North Carolina
Claim: AND Delivery proceedings for a mule, tried before Timberlalce, J., at August Term, 1898, of PersoN Superior Court. It was in evidence tbat tbe plaintiff was tbe owner of a borse, wbicb ber husband, now dead, swapped off for tbe mule incontroversyjustbeforebeleft tbe State. Along witb tbeborse be traded some articles of property of bis own for tbe mule, and got $40 to boot.
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Claim: AND Delivery proceedings for a mule, tried before Timberlalce, J., at August Term, 1898, of PersoN Superior Court. It was in evidence tbat tbe plaintiff was tbe owner of a borse, wbicb ber husband, now dead, swapped off for tbe mule incontroversyjustbeforebeleft tbe State. Along witb tbeborse be traded some articles of property of bis own for tbe mule, and got $40 to boot. Upon bearing of tbe trade, after ber husband left, plaintiff ratified tbe trade and claimed tbe mule. ITis creditors attached tbe mule after be left, and this action was brought by ber for its recovery from tbe…
1Opinion of the CourtMontgomery, J.
The husband of tbe plaintiff, after be bad left bis home and was on tbe eve of leaving tbe State, exchanged a horse, and some other personal property admitted to be his own, with Satterfield and Lunsford, for a mule and $40 to boot. Tbe mule was levied on by tbe defendant as Sheriff of Person County under attachment proceedings sued out by tbe creditors of tbe husband. Afterwards this action was begun by tbe plaintiff against tbe defendant for tbe recovery of tbe mule, she alleging that tbe same was ber prop erty. On tbe trial sbe testified tbat tbe horse was ber property, and tbat when sbe…
2Cases cited3 opinions
- Williamson v. . NealySupreme Court of North Carolina · 1896
- Jones v. . WardSupreme Court of North Carolina · 1877
- McLeod v. . OatesSupreme Court of North Carolina · 1848
3Cited by3 opinions
- Bowen v. KingSupreme Court of North Carolina · 1907
- Mica Industries, Inc. v. PenlandSupreme Court of North Carolina · 1959
- Bowen v. . KingSupreme Court of North Carolina · 1907